Waterway authorities in NSW are conducting a “comprehensive review” of Marine Safety Regulations, including changes to laws covering Jet Skis, boats, paddle boards, stand-up ‘foils’, and other emerging vessel types.
After receiving 4800 survey responses from boaters, Jet Ski riders and industry representatives in the preliminary stages, the NSW Maritime authority is now taking submissions ahead of the biggest overhaul to Marine Safety Regulations in 10 years.
Authorities say the proposed changes – which are not yet law but, if adopted, would come into effect in 2026 – are designed to reduce fatalities and injuries, and cater for new types of watercraft.
NSW Maritime is also seeking to adopt more powers to better enforce unlicensed Jet Ski riders, Jet Ski riders who don’t wear lifejackets, and crack down on unruly Jet Ski riders aged under 18.
According to authorities, unlicenced boaters and Jet Ski riders – and waterway users not wearing a life jacket – were involved in more than 70 per cent of fatalities on the water over the past two years.
NSW Maritime says in the 10 years to the end of June 2021, “83 lives might have been saved had all people presumed drowned been wearing a life jacket.”
While the number of boating fatalities is higher than Jet Ski fatalities – both as a raw number and when based on licence numbers for the respective categories, according to research by Watercraft Zone based on government data – emergency department figures show Jet Ski riders are over-represented in serious injuries on the water.
“Open runabouts (Jet Skis) are over-represented in serious injuries and fatalities (because) their ability to operate at high speeds, along with their susceptibly to immersion-related incidents, makes them among the most vulnerable … of the vessel types,” a representative for NSW Maritime told a video conference ahead of the opening of public submissions.
Jet Ski riders and boaters are encouraged to complete the latest survey on the proposed changes (linked at the bottom of this story), and are given the choice to respond to the entire discussion paper or focus on sections most relevant to them.
Watercraft Zone completed the survey and found the following sections most relevant to riders of Jet Skis – also known as Personal Watercraft (PWC).
Under the heading: “Licensing framework for young and inexperienced personal watercraft drivers” the Transport for NSW questionnaire says:
To improve the skills and experience levels of young and new PWC (Jet Ski) licence holders, Transport for NSW is investigating policy options to reduce in the number of incidents associated with inexperienced riders and to improve the boating experience for all waterway users.
Transport is in the early stages of exploring potential changes to Marine Safety Regulation 2016, including:
• Extending the restrictions currently imposed on under 16-year-old PWC (Jet Ski) riders to drivers aged 16-18;
• Introducing a 12-month provisional licence for inexperienced PWC (Jet Ski) riders, with the option of moving to a full licence by completing a practical training course through a registered training organisation.
According to Transport for NSW – and NSW Maritime – as of 1 May 2022 there were 2142 PWC (Jet Ski) licence holders under the age of 16 in NSW, and 3989 PWC (Jet Ski) licence holders between 16 and 18 years.
Current restrictions include:
Licence holders under age 16 years must not drive a PWC (Jet Ski) or vessel:
• At a speed greater than 20 knots (approximately 37km/hour), or
• In any race, display, regatta, exhibition or similar operation, or between sunset and sunrise, or while the vessel is towing anyone.
Currently, when riding a PWC (Jet Ski) at a speed of 10 knots or more, licence holders under age 16 years must:
• Have someone with a PWC (Jet Ski) licence who is 16 years of age or older present on the PWC, and not drive at these speeds while towing anyone.
“Despite these restrictions, young adult PWC (Jet Ski) riders under 16 continue to be over-represented in safety incidents and serious injuries and are involved in more than double the rate of compliance actions by authorised officers compared with drivers over 16,” says Transport for NSW.
Under proposed changes, authorities plan to introduce a provision to place an obligation on the owner of a PWC (Jet Ski) to ensure the watercraft is not operated by a person unless that person holds a valid licence – regardless of which state the rider is from and/or where the vessel is registered.
“Currently … the obligation to ensure that PWCs (Jet Skis) are not used by unlicensed operators only applies to NSW-registered PWCs,” the discussion paper says.
“To ensure authorised officers can effectively regulate interstate licence holders operating a PWC in NSW, an amendment is proposed to place an obligation on the owner of any PWC used on NSW waterways to ensure it is only operated by a person holding a valid licence.
“The definition of owner … includes holders of a registration in any jurisdiction, so interstate PWC (Jet Ski) licence holders operating in NSW waters will be able to be effectively regulated.”
Under the headline “Compliance and safety concerns with young adults”, the discussion paper proposes an amendment to allow for:
- Suspension or cancellation of a PWC (Jet Ski) licence if the holder of the licence is:
- Under 18 years of age, and
- Official cautions can be issued to holders of a PWC (Jet Ski) licence.
Under the current system, Maritime Safety Officers reportedly issue more cautions than fines. However, the discussion paper acknowledges there is currently no effective way to monitor repeat offenders, or riders who repeatedly come to the attention of Maritime Safety Officers.
Under the proposal, Maritime Safety Officers would be able to log an official caution, so that if a rider is stopped again for another offence, the prior warning can be taken into account and a fine or licence cancellation could be issued.
“A review of vessel compliance and safety across NSW has highlighted a number of issues with young adult boat operators and PWC (Jet Ski) riders,” the questionnaire says.
“All NSW Maritime regions have reported significant safety and enforcement issues with young adults under 18 years of age, with PWC (Jet Ski) riders in particular over-represented in safety incidents.”
Currently, Marine Safety Regulations allow for suspension or cancellation of a Jet Ski licence – depending on the offence that has allegedly been committed.
“However, this provision is not operationally effective for young adult licence holders, as authorised officers typically issue young adults with non-financial sanctions such as official cautions, instead of (fines),” the discussion paper says.
“It is therefore proposed to expand the provisions to allow a suspension or cancellation of a licence based on an official caution issued to a young adult, not just a formal offence.”
Authorities are also proposing a seven-day ban – including for young Jet Ski riders – for dangerous offences.
“Transport for NSW recognises there are instances of negative behaviour by boat operators and PWC (Jet Ski) riders that impact safety and general enjoyment of the waterways,” the discussion paper says.
“These instances are intensified over long weekends and holiday times during the boating season where many waterway users converge at the same location.
“An operational review of vessel and operator compliance has highlighted opportunities to improve the ability of compliance officers to remove problem users from waterways for a short period of time (such as seven days).
“The intention is to have a more flexible approach to dealing with nuisance behaviour that is proportionate and appropriate for dealing with (Jet Ski riders under 18 years of age).
“It is proposed to provide an authorised officer with the power to issue a direction … with the effect of being able to remove a potential safety risk for a nominated period.”
Want your say on the proposed changes? Feedback closes on 5pm on 20 January 2023.
MORE: Take the survey about proposed changes to Jet Ski rules in NSW
MORE: NSW Marine Safety Regulations Discussion Paper
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