54Maximum safe loading level of certain vessels

#### 54 Maximum safe loading level of certain vessels 54 Maximum safe loading level of certain vessels > > (1) The owner of a vessel must ensure that a label (a safety label) that complies with this clause is affixed to the vessel in accordance with this clause. > > > (2) The safety label must be in a form approved by Transport for NSW. > > > (3) The safety label must show the maximum safe load (comprising the total weight of persons and equipment) that the vessel may carry in calm water, or the maximum number of persons the vessel may carry in calm water, and such other safety information as determined by Transport for NSW. > > > (4) The information to be displayed on the safety label relating to the maximum safe load and maximum number of persons that the vessel may carry must be calculated in accordance with the ABP Standard (within the meaning of Part 4). > > > (5) The safety label must be firmly affixed to the vessel in a position that is clearly visible from each steering position on the vessel and complies with any instructions on the label relating to positioning. > > > (6) The safety label must not be defaced, obliterated or concealed. > > > (7) The owner and operator of a vessel to which a safety label is affixed must ensure that— > > > > > (a) the vessel is not loaded with persons or equipment (or both), the total weight of which exceeds the maximum safe load that is displayed on the safety label, and > > > > > (b) the number of persons on the vessel does not exceed the maximum number of persons the vessel may carry that is displayed on the safety label. > > > (8) The owner and operator of a vessel to which no safety label is affixed must ensure that— > > > > > (a) the vessel is not loaded with persons or equipment (or both), the total weight of which exceeds the maximum safe load for the vessel calculated in accordance with the ABP Standard, and > > > > > (b) the number of persons on the vessel does not exceed the maximum number of persons the vessel may carry calculated in accordance with the ABP Standard. > > > (9) In calculating the number of persons on board a vessel for the purposes of this clause, children under the age of 1 year are to be disregarded. > > > (10) This clause does not apply to the following vessels— > > > > > (a) a personal watercraft, > > > > > (b) a vessel manually propelled by oars or paddles and that does not have an engine, > > > > > (c) a vessel used solely for the purpose of racing or competition, > > > > > (d) a sailing vessel with or without an engine, > > > > > (e) a commercial vessel, > > > > > (f) a vessel regulated under the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth or as a regulated Australian vessel, > > > > > (g) a vessel that has been in State waters for less than 3 months and— > > > > > > > (i) that is not ordinarily operated in State waters, and > > > > > > > (ii) that is registered under the law of another State or Territory or of another jurisdiction, and > > > > > > > (iii) that is operated in accordance with the requirements (if any) of the law of that State, Territory or jurisdiction relating to the maximum safe loading level of vessels, the labelling of vessels in relation to maximum safe loads and the maximum number of persons that the vessel may carry. > > Maximum penalty (subclauses (1), (7) and (8)): 50 penalty units.