Boating Offences
Penalty notices
If an offence is committed, authorised officers may issue a penalty infringement notice requiring payment of a penalty within a prescribed period.
Serious offences
Serious or repeat offences under the marine legislation will result in proceedings in a court after the issue of a court attendance notice. Such offences may include dangerous or negligent navigation.
Alcohol and Drug Offences
Breath testing, including random breath testing (RBT), can be conducted on the operator of a vessel while it is underway. RBT does not apply when a vessel is moored, berthed or at anchor. However, remain under the legal limit when out on the water in case you need to move your vessel.
Permissable concentration of alcohol limits are as follows:
- less than 0.02 for commercial vessel operators
- 0.00 for recreational vessel operators aged under 18 years
- less than 0.05 for recreational vessel operators over 18 years.
The operator of a vessel includes anyone steering or exercising control over the course or direction of a vessel and includes the observer in a ski boat or PWC, as well as the person being towed.
Penalties range from $1100 for a first offence in the low range (0.05-0.08) to a $5500 fine and up to 2 years imprisonment, or both, for a second offence in the high range (0.15 and above).
A court may also choose to cancel or suspend a person’s licence if they are found guilty of driving a boat under the influence.
Check out the safety awareness message on alcohol.
Naval Vessels
For safety reasons, persons are prohibited from climbing, attaching themselves to or helping another person to attach themselves to a naval vessel. A ‘moving exclusion zone’ has also been introduced for naval vessels whilst on NSW waters. This zone extends 200m from the bow and 60m either side of a naval vessel whilst it is underway. A ‘distance off’ of 60m from a naval vessel that is moored, anchored or berthed also applies at all times. Penalties apply.
Other Offences
- a licence may be cancelled or suspended in other instances including after a conviction for negligent and/or dangerous navigation, for causing a nuisance or overloading, or if it is believed the operator is incapable of safely driving a vessel.
PWC Penalties
There are on-the-spot fines of up to $1500 for the offence of navigating a PWC in an exclusion zone. These fines are distinct from the one applying to the irregular driving prohibition within the 200 metre zone, which will attract a fine of $160.
Other penalties include:
- a $320 on-the-spot fine for not observing the correct distance from people in the water licence cancellation for one year after two safety offences in any two year period
- in addition to the current fine of $800 for a first offence of riding a PWC without a licence, the offender will be disqualified from holding any form of NSW boat licence for two years
- a $1200 on-the-spot penalty and disqualification for four years for a second offence of riding a PWC without a licence, with a third offence costing $1500 and disqualification for life from any form of NSW boat licence, and any subsequent offences attracting a fine of $1500
- a $320 on-the-spot penalty applies to the owner or driver of any PWC vessel driven between sunset and sunrise.
Note: Fines for riding a PWC without a licence are served upon the rider and the owner.
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