Boat Driver Licensing

The speed at which a boat is driven determines whether a person needs to be licensed.

Any person who drives a recreational powered vessel on NSW waters at a speed of 10 knots or more must have a boat driver’s licence.

Ten knots is the speed at which most accelerating boats will start to plane – that is rise up and skim on top of the water instead of ploughing through it.

The exception is anyone who drives a personal watercraft (PWC) at ANY speed must have a PWC Licence.

Types of Licence

General Licence

A licence for people aged 16 years and over to drive any vessel, except a PWC at 10 knots or more.

General Young Adult Licence

A restricted licence for those aged from 12 to under 16 years. A Young Adult Licensee must:
(i) be accompanied by the holder of a General Licence when travelling at 10 knots or more
(ii) never exceed 20 knots
(iii) never travel at 10 knots or more after sunset and before sunrise
(iv) never travel at 10 knots or more when towing an aquaplaner
(v) never tow a water skier or wake boarder
(vi) not drive in any race, display, regatta or exhibition without prior consent from the NSW Maritime and
(vii) never operate a PWC unless the holder of a Young Adult PWC Licence.

Personal Watercraft (PWC) Licence

A special licence is required to ride a PWC regardles of what speed it is driven. To obtain a PWC licence, the test for a General Licence must be passed first. Additional test questions must then be passed. Persons who hold a General Licence can upgrade to a PWC Licence at any time by correctly answering additional questions.

Young Adult PWC Licence

A restricted licence for those aged from 12 to under 16 years who wish to drive a PWC. The same conditions which apply to the General Young Adult Licence apply to this licence. A Young Adult PWC Licence holder must be accompanied by a PWC Licence holder when operating at a speed of 10 knots or more.

Licence Period

A General Licence or PWC Licence is available for either 12 months or three years. You will save money by selecting a three year licence.

A one-year General Licence is issued as a paper licence and a three year licence as both a paper and plastic card. All PWC licences are issued as plastic photo identity cards.

Rescue Organisations

Members of approved rescue organisations, trained and qualified to drive vessels belonging to that organisation, may be exempted from holding a boating licence while on official duties. Examples of acceptable qualifications are the NSW SES Flood Rescue Boat Operators Qualification, and the Surf Life Saving NSW Inflatable Rescue Boat Drivers Certificates. These qualificationsare not valid for recreational use, but can be converted to aGeneral Licence upon application to NSW Maritime. Contact your organisation for details and payment of relevant fees.

Commercial Qualifications

An appropriate certificate of competency is required to take charge of vessels used for commercial purposes. To obtain these qualifications you will need to have records of your boating experience, complete approved training courses and meet minimum medical and eyesight standards. Further details can be obtained by contacting NSW Maritime Infoline on 13 12 36 or by visiting www.maritime.nsw.gov.au

How to Obtain a Licence

Anyone wishing to obtain a boat licence must, from 1 October 2006, first undertake compulsory boating education either by studying an online Boating Safety Course, viewing a DVD/video Boating Safety Course or attending a Boating Safety Course conducted by NSW Maritime or an accredited agency. A nominal fee will apply.

A Boating Safety Course completion certificate is then to be presented to the boat licence test examiner within 12 months of the certificate date prior to attempting the licence test. A licence test fee is payable for each attempt at the licence test.Approved licence testers are: NSW Maritime, Royal Volunteer Coastal Patrol (RVCP), the Australian Volunteer Coast Guard Association (AVCGA), Volunteer Rescue Association (VRA), some regional Roads and Traffic Authority (RTA) offices and Goverment Access Centres (GACs).

A list of participating offices/centres is available on NSW Maritime’s website or by contacting Info Line on 13 12 56. The compulsory seminar and licence test does not apply if a person obtains a certificate of successful completion of an accredited boating course.

NSW Maritime accepts some courses from certain organisations as satisfying the licence test requirements. These organisations conduct courses which not only teach you the requirements for a general licence but often include practical training in boat driving. They include the NSW Maritime licence test in their assessment process and issue a course completion certificate. To apply for a NSW general licence you must present the course completion certificate within six months at a NSW Maritime office and complete the application process.

Approved courses are available from:

• 
  ABC Licence Training Pty Ltd.
• 
  Defence Maritime Services
• 
  Maritime and Safety Training
• 
  NSW Boating College
• 
  Boating Licence Course
• 
  Yachting Australia

• National Powerboat Training Scheme
• National Yacht Cruising Scheme
• National Motor Cruising Scheme
• Contact Yachting Australia or affiliated clubs

• 
  State Emergency Service – flood rescue boat operators qualification
• 
  Surf Life Saving NSW – inflatable rescue boat drivers certificates.

Goverment Access Centres and some regional Roads and Traffic Authority offices also conduct NSW Maritime boat licence tests. It will however be necessary for you to finalise your application at a NSW Maritime office.

When Applying for a Licence:

• an applicant must provide Proof of Identity documentation before sitting the tests. See the section on Proof of Identity in this book
• Young Adult Licence applicants must be accompanied by a parent or legal guardian when sitting the test. proof of identity of the parent or guardian is required
• PWC Licence applicants must provide two colour passport acceptable photographs (light background). PWC Licences are plastic photo cards and two new photos will be required each time the licence is renewed
• an applicant will be required to complete an application form, provide information about any medical conditions which may affect their ability to operate a boat, meet eyesight standards and pay the appropriate fees.

Remember

You must carry your licence and produce it for inspection when requested by a NSW Maritime officer, a member of the Police or other authorised officers.

Owners of vessels must be able to identify the person driving their vessel at all times, even if the owner is not onboard at the time.

Licence holders and owners of vessels should promptly notify NSW Maritime of any changes to personal details or address. Licences sent to the wrong address can be cancelled and a re-instatement fee charged.If your licence has not been renewed within two years of its expiry date you will need to pass the licence test again.

Recognition of Licences

Temporary recognition of licences is available to visitors from interstate or overseas.

A NSW licence is not required when:

(i) your usual place of residence is outside NSW, and
(ii) you have not been in NSW continuously during the three months preceding the date on which you are driving the vessel, and
(iii) you hold and carry a valid current licence or permit to drive a vessel of the type you are driving issued under the legislation of another State, Territory or country.

If any of the above conditions cannot be met and you wish to drive a power-driven vessel at 10 knots or more or a PWC regardless of its speed on navigable waters in NSW, you must hold a current NSW General Licence or PWC Licence.

Please note you are required to comply with NSW boating laws while boating in this State. That includes carrying your licence when boating.

Proof of Identity

To ensure the accuracy of records held by NSW Maritime, proof of identity (POI) is necessary when conducting a business transaction.

There are three types of POI documents: Full, Primary and Secondary. Either one full POI document or at least one primary and one secondary POI document is required.

Full POI Documents

Primary POI Documents (Examples)

Secondary POI Documents (Examples)

For other acceptable POI documents and for further information contact the Infoline on 13 12 56.

Other Licences

Aquatic Licence

The State’s waterways are a community resource which is often subject to conflicting demands for access. In order to balance organised activities on the waterways with the rights of other users, NSW Maritime issue aquatic licences, under the Water Traffic Regulations – NSW.

When is an aquatic licence required?

An aquatic licence is required by any person or organisation conducting, promoting or organising an event/activity such as a race, display, regatta, exhibition or any other activity which restricts the availability of navigable waters for normal use by the public.

 

Penalties apply for conducting an event/activity without an aquatic licence.

Activities for which an aquatic licence is required include:

Depending on the circumstances and type of activity, NSW Maritime may grant, if requested, ‘exclusive use’ of a waterway, or section of it, for conduct of the aquatic activity.

 

If exclusive use is permitted, the aquatic event organiser must arrange for an approved notice containing details of the activity, to be placed in newspapers circulating in the district where the event/activity is to be conducted and in metropolitan newspapers of Sydney, Newcastle and Wollongong where the activity is to be held within 120 km of these cities.

 

Depending on the type of aquatic event/activity to be conducted, NSW Maritime will determine whether a full marine notice or small public notice is required to be published.

 

All costs associated with advertising are to be borne by the aquatic event organiser and notices must be placed not more than 14 days prior to commencement of the event/activity.

How is an aquatic licence obtained?

All applicants for an aquatic licence must submit a completed Application for Aquatic Licence, together with required supporting documentation and appropriate fee, a minimum of four (4) weeks prior to commencement of the event/activity.

 

Late applications will incur a late fee or the application may be refused.
When submitting the application the following information must be provided:

• full details of the event/activity including type, date(s), time, location and area of operation;
• a detailed map of the area in which the event/activity is to take place;
• an acknowledgement that a Risk Assessment in relation to the Event has been undertaken by the applicant in which all risks associated with the Event have been listed and strategies to alleviate these risks identified and implemented;
• an operational plan detailing safety procedures, rescue craft, qualified personnel in attendance and communications procedures;
• written authorisation on the organisation’s letterhead for the nominated representative to act on behalf of the applicant;
• proof of identity for both the applicant and nominated representative;
• details of a contact officer if different to nominated representative who can be contacted during the conduct of the event/activity; and
• licence application fee.

In addition, the following supporting documentation must be provided where relevant:

• written consent from the landowner, including Local Council, for use of the foreshore land to be used in connection with the event/activity;
• written authorisation from the Local Council where the noise level is expected to exceed 95 decibels;
• a copy of the Work Cover Risk Assessment for fire-works events; and
• completed NSW Marine Parks Authority Permit Application form where the proposed event/activity is within a Marine Park.

Do conditions apply to an aquatic licence?

All aquatic licences issued are subject to a standard set of conditions and depending on the type of event/activity to be conducted, additional conditions may apply. Also ‘local’ conditions may apply for a particular aquatic licence event/activity.

 

When NSW Maritime approves an application for aquatic licence, the applicant is forwarded an aquatic licence certificate together with a list of all conditions applicable to that licence.

 

An aquatic licence is issued on the basis that all conditions are complied with and penalties apply for non compliance.

What insurance requirements apply to an aquatic licence?

An aquatic licence is issued on the basis that the Licensee expressly and unreservedly indemnifies NSW Maritime from all liability associated with the Event/activity and releases NSW Maritime from any actions, of whatsoever nature, that may be instituted in relation to the Event/activity. Acceptance of the Licence constitutes irrevocable acceptance of this condition.

 

It is a condition of the Licence that the Licensee clearly advises all participants whether or not they are covered by the Licensee’s insurance should they sustain injury or loss/damage to property as a result of participating in the event. All details of the coverage must be provided prior to participation in the Event/activity.

 

It is also a condition of the licence that the Licensee must give a written warning to all participants in relation to risks associated with participating in the Event/activity and a written acknowledgement obtained from all participants. The warning and acknowledgement can be included in the application required to be completed by the participant.

What fees apply to aquatic licences?

Unless exempted, fees apply, and are based on the type and duration of the aquatic event/activity to be conducted. The types of aquatic licence issued are as follows:

• aquatic licence of not more than 3 days
• aquatic licence of more than 3 days but less than 12 months
• aquatic licence of not more than 3 days (exclusive use)

Additional fees may apply for expenses incurred by NSW Maritime in respect of:

• attendance by NSW Maritime officer(s) at the event/activity
• the use of additional safety measures such as the provision of escort vessels

Exemptions to the payment of aquatic licence fees apply to an event/activity conducted by:

• educational institutions where the event/activity is sanctioned by the NSW Department of Education
• volunteer organisations
• registered charitable organisations

For details on fees, proof of identity and further information please contact:

• your local NSW Maritime operations centre, or
• NSW Maritime’s Info Line on 13 12 56 (8.30 am – 4.30pm) 7 days a week

Mooring Licences

A mooring licence is required to moor your vessel in a particular location. A mooring licence gives holders the right to occupy navigable waters and is renewed annually.

A mooring licence is not a lease of the seabed and there is no guarantee of tenure. The only thing that permanently occupies the seabed is the mooring block.

Types of Mooring Licences

There are three types of mooring licence: Private; Commercial and Club. Each of these licences are subject to conditions. For further information on commercial and club moorings please contact Info Line on 13 12 56 or your local NSW Maritime operation centre.

Private Mooring Licence

The issue of a Private Mooring Licence is subject to availability and only available to an individual who is the owner or equal majority shareholder of a vessel with a length of 5.2m or more. There are three tiers of mooring licence fee depending on the location in NSW and the fee scale is dependant of the length of the vessel. In areas where moorings are not available, a priority list will exist. On receipt of your application and payment of the fee your name will be added to the priority list in strict order of application.

Hire and Drive

If you’d like to hire a small boat and operate it yourself you should be aware of the following:

For more information go to Hire and Drive System for NSW

Registration of Vessels

The following vessels must be registered with NSW Maritime when they are on navigable waters in NSW:

Exemptions from this requirement include:

Application for Registration

Application forms for initial registration are available at any NSW Maritime operation centre. When applying for registration, you must provide the following:

An acceptable receipt must include the following details:

• Full name and signature of seller
• Full name and address of buyer
• Date of sale and the words ‘received payment in full’ or similiar and
• HIN/ Boatcode number (if applicable) and a full description of vessel

If the receipt/ bill of sale does not include the essential requirements another receipt or Statutory Declaration must be provided detailing the required information.

Transfer

When selling a vessel the registered controller must complete and forward the Notice of Disposal to NSW Maritime. The registered controller must also sign the reverse side of the registration certificate and give it, together with an acceptable receipt to the buyer for transfer purposes. The buyer has 21 days to complete the transfer otherwise a late fee will be charged.

 

The buyer must also provide proof of identity and a Boatcode (HIN) certificate (if applicable).

Personalised Vessel Registration

Personalised vessel registrations can be applied for at any NSW Maritime operations centre. Subject to availability they may be any combination of up to six alpha/numeric characters (which are not offensive) and must always be followed by the letter “N”. An additional fee applies.

Registration Numbers

Mechanically propelled vessels must show registration numbers on each side of the vessel at least 150mm high and clearly visible while underway. They should be located on the forward section of the vessel’s hull on each side of the vessel.
Sailing vessels must show registration numbers on the transom or on both sides of the hull adjacent to the stern. In the case of multi hull craft, the numbers must be on the outer faces of the external hulls adjacent to the stern. The figures must be at least 100mm high and be visible when the vessel is underway.
Note: For registration purposes, a “sailing vessel” means a vessel which has sails as its primary means of propulsion.
PWC must have registration numbers on each side of the craft in figures of at least 100mm high, where they are clearly visible when the vessel is underway.
Commercial vessels must display a permit number or commercial registration number. The number must be displayed on each side of the hull or on the transom in figures at least 150mm high.
Registration numbers must be clearly visible at a distance of 60m.

Display of Registration NumbersThe numbers should be of contrasting colours to the boat’s hull. Black numbers are standard on a light coloured hull, but on a dark coloured hull you should use white or pale figures.

Capacity Stickers

Capacity stickers must be displayed clearly on all powered vessels (except PWC). These stickers indicate the maximum number of people to be carried on a particular vessel. The sticker must be within one metre of the steering position(s) and clearly visible.
The capacity is normally calculated by the manufacturer and is often shown on a special plate attached to the hull. Alternatively, a sticker issued by NSW Maritime will indicate the appropriate number of passengers. This capacity is the maximum number for good conditions. A reduction in the maximum number must be made in adverse weather conditions or when on open waters. If not, the master may be guilty of negligent navigation.
In determining whether your vessel complies with the capacity limits, the following applies:

• children up to one year of age are not counted (although you still require safety equipment for them)
• each child between the ages of one and twelve equals one half of an adult and
• capacity of a person is assessed at 75kg per person with an additional allowance of 15kg per person for personal gear.

Australian Builders Plate

From 1 July 2006 an Australian Builders Plate is required on most new recreational vessels either built in Australia or imported to Australia. The Australian Builders Plate provides essential safety information for the owner or prospective buyer on matters such as the maximum number of people and load of a boat, buoyancy performance, engine weight and rating.
There are two types of Builders late: one for vessels under 6 metres in length and another for vessels 6 metres or more in length. The key difference is the buoyancy requirement which will only be displayed on the plate for vessels of under 6 metres in length.
The plate will be permanently fixed by the builder, manufacturer or importer prior to purchase and be readily visible to the boat’s operator in the cockpit or near the steering position.
For further information log onto the National Marine Safety Committee website www.nmsc.gov.au.

Registration Label

The registration label, which is issued as part of the annual registration renewal, must be attached to the exterior of a powered vessel on the port side where it is clearly visible. On sailing vessels, it must be placed on the transom or port side of the hull.

Fees

Information regarding current fees is available from Info Line 13 12 56.

Change of address

You must promptly notify NSW Maritime of any changes of address in writing or by telephoning the Info Line.

Recognition of Registration

Temporary exemption from the NSW registration requirements is available to visitors from another State, Territory or overseas. NSW registration is not required as long as the vessel:

(i) is not ordinarily used on navigable waters in NSW and
(ii) has not been in NSW for more than three months and
(iii) is currently registered in another State, Territory or overseas and
(iv) is properly numbered and carries an identification plate required by the law of its home State, Territory or country.
If any of these conditions cannot be met and the vessel is registrable under NSW law, it must carry NSW registration when on navigable waters in this State.
If the home State/ Territory or Overseas vessel does not have registration requirement, the vessel must be registered in NSW, or another State.

Note: Vessels in Australian registry are not exempted from NSW registration.

Boatcode

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:

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

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:

Note: Fines for riding a PWC without a licence are served upon the rider and the owner.

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