HARBORS AND NAVIGATION ACT 1993 - SECT 47A

HARBORS AND NAVIGATION ACT 1993 - SECT 47A

47A—Requirements for operators of hire and drive vessels

        (1)         Without limiting section 46, this section applies to, or in relation to, an excluded vessel that is a hire and drive vessel fitted with an engine.

        (2)         A person must not operate a hire and drive vessel fitted with an engine unless the person holds—

            (a)         a boat operator's licence; or

            (b)         a prescribed certificate of competency; or

            (c)         an exemption from the operation of this subsection; or

            (d)         a special permit granted under the regulations.

Maximum penalty: $2 500.

Expiation fee: $105.

        (3)         A person must not cause, suffer or permit another to operate a hire and drive vessel fitted with an engine unless the other person holds—

            (a)         a boat operator's licence; or

            (b)         a prescribed certificate of competency; or

            (c)         an exemption from the operation of this subsection; or

            (d)         a special permit granted under the regulations.

Maximum penalty: $2 500.

Expiation fee: $105.

        (4)         However, subsections (2) and (3) do not apply in relation to—

            (a)         the operation on the River Murray system (within the meaning of the River Murray Act 2003 ) between the border of South Australia and a line joining the upstream sides of the landings used by the ferry at Wellington of a hire and drive vessel that is a houseboat by a person who—

                  (i)         is at least 18 years of age; and

                  (ii)         holds either—

                        (A)         a current driver's licence under the Motor Vehicles Act 1959 endorsed with the classification C or R; or

                        (B)         a current interstate licence or foreign licence (as defined in the Motor Vehicles Act 1959 ) authorising the person to drive motor vehicles of the kind that may be driven pursuant to a driver's licence referred to in subsubparagraph (A) and is, by virtue of section 97A of that Act, authorised to drive such motor vehicles on roads in this State; and

                  (iii)         has received such practical and written instruction in relation to the operation of the houseboat as the regulations may require; or

            (b)         the operation in waters specified by the CE for the purposes of this paragraph of a hire and drive small vessel by a person who—

                  (i)         is at least 16 years of age; and

                  (ii)         has received such practical and written instruction in relation to the operation of the vessel as the regulations may require.

        (5)         For the purposes of subsection (4)(b), the CE may specify waters—

            (a)         by reference to particular waters, or waters of a specified class; or

            (b)         by reference to the waters in which a particular hire and drive small vessel, or a hire and drive vessel of a specified class, may be operated.

        (6)         For the purposes of this section, a vessel will be taken to be a "houseboat" if—

            (a)         the vessel has facilities for overnight accommodation; and

            (b)         —

                  (i)         all the living facilities are on or above the deck of the vessel; or

                  (ii)         although not all the living facilities are on or above the deck of the vessel, the vessel is designed and constructed as a river boat providing living facilities similar to that provided in a residential building and the CE and the owner of the vessel agree that the vessel is to be classed as a houseboat.

        (7)         A person who commits an offence against subsection (2) while disqualified from holding a boat operator's licence or prescribed certificate of competency (as the case requires) is liable to a fine of twice the amount prescribed above.

        (8)         In this section—

"personal watercraft" means a device that—

            (a)         is propelled by a motor; and

            (b)         has a fully enclosed hull; and

            (c)         is designed not to retain water if capsized; and

            (d)         is designed to be operated by a person who sits astride, stands, or kneels on the device,

and includes the device commonly referred to as a jet ski;

"prescribed certificate of competency" has the same meaning as in section 47;

"hire and drive small vessel" means a hire and drive vessel that is—

            (a)         a personal watercraft; or

            (b)         a motorised dinghy having a length not exceeding 5 m;

"hire and drive vessel" means any vessel which is let for hire or reward or for any other consideration, including vessels provided in conjunction with holiday establishments or hotels for the use of guests or tenants.