63Application of Part

#### 63 Application of Part 63 Application of Part > > (1) This Part applies to all vessels except the following vessels— > > > > > (a) a second hand vessel, > > > > > (b) an amphibious vehicle, being a vessel that is also a motor vehicle and that is required to be registered within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018), > > > > > (c) a canoe or surf ski or similar vessel designed to be manually powered by paddle, > > > > > (d) a pedal powered boat, > > > > > (e) a personal watercraft that complies with subclause (3), > > > > > (f) a rowing shell used for racing or rowing training, > > > > > (g) a sailboard or kiteboard or other similar vessel, > > > > > (h) a surf row boat, > > > > > (i) a hydrofoil or hovercraft, > > > > > (j) a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion, > > > > > (k) a submersible, being a powered vessel capable of submerging or operating underwater such as a submarine, > > > > > (l) an aquatic toy, being an object designed primarily for play in or on water, for example— > > > > > > > (i) an object designed solely to be towed behind a recreational vessel, and > > > > > > > (ii) an inflatable boat to which ISO 6185Inflatable boats, as in force from time to time, does not apply, > > > > > (m) a commercial vessel or a regulated Australian vessel or vessel regulated under the [Navigation Act 2012](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (n) a vessel used only for the purpose of racing in organised events. > > > (2) This Part does not apply to a vessel that, before 1 July 2006, had reached a stage of construction of having the keel laid or a stage of construction at which— > > > > > (a) the vessel was identifiable as a vessel of a particular type, and > > > > > (b) a part of the vessel had been fabricated and assembled that had a mass of at least 50 tonnes or 1 per cent of the mass of all structural material of the proposed completed vessel, whichever is the lesser. > > > (3) This Part does not apply to a vessel that is a personal watercraft if— > > > > > (a) the following information is written on or attached to the vessel in a clearly visible place— > > > > > > > (i) the total weight of persons and equipment that the vessel may carry in calm water (expressed in kilograms), as recommended by the builder of the vessel, > > > > > > > (ii) the maximum number of persons the vessel may carry, as recommended by the builder of the vessel, or > > > > > (b) the vessel is designed to carry not more than 2 persons over the age of 1 year. > > > (4) This Part does not apply to a vessel that is an inflatable boat to which ISO 6185Inflatable boats, as in force from time to time, applies if the vessel— > > > > > (a) has a plate attached to it in accordance with European Directive 94/25/EC—Recreational Craft Directive, as in force from time to time, that certifies that the vessel complies with the requirements of that Directive, or > > > > > (b) has a plate attached to it in accordance with the requirements of the US National Marine Manufacturers Association set out in the NMMA Certification Handbook, as in force from time to time, that certifies that the vessel complies with the requirements of that Handbook.