67Lifejacket to be worn on certain recreational vessels and hire and drive vessels during time of heightened risk

67 Lifejacket to be worn on certain recreational vessels and hire and drive vessels during time of heightened risk

(1) A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table D in Schedule 4 must wear a compulsory lifejacket if—

(a) the vessel is on coastal waters and underway; and

(2) A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table E in Schedule 4 must wear a compulsory lifejacket if—

(a) the vessel is on enclosed waters and underway; and

(3) A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table F in Schedule 4 must wear a compulsory lifejacket if—

(a) the vessel is on inland waters and underway; and

(4) For the purposes of subregulations (1), (2) and (3), the specified circumstances are the following—

(a) the vessel is crossing or attempting to cross an ocean bar;

(b) the vessel is operating within a designated hazardous area;

(c) the vessel is being operated by a person who is the only person on board the vessel;

(d) the only persons on board the vessel, other than the person operating the vessel, are aged less than 12 years old;

(e) the vessel is being operated during the period commencing one hour after sunset and ending one hour before sunrise;

(f) the vessel is not capable of making way through water;

(g) the vessel is a yacht and no safety barriers, lifelines, rails, safety harnesses or jacklines are in use;

(h) the vessel is being operated during a period of restricted visibility;

(i) the vessel is operating in an area for which any of the following kinds of warning issued by the Bureau of Meteorology are current—

(i) a gale warning;

(ii) a storm force wind warning;

(iii) a hurricane force wind warning;

(iv) a severe thunderstorm warning;

(v) a severe weather warning.

(5) Subregulations (1), (2) and (3) do not apply to a person who is wearing, or in the process of donning or removing, diving equipment on board a recreational vessel or a hire and drive vessel.

(6) A person who is wearing a compulsory lifejacket as required by subregulation (1), (2) or (3) must wear it in accordance with the manufacturer's instructions.