Recreational vessels laws and penalties

In the case of an incident, the master of the ship should contact police as soon as possible to make a report.

Under the Marine Safety Act, reportable marine incidents include:

• the loss or presumed loss of a vessel
• a collision with another vessel or object
• grounding, sinking or flooding
• a capsized vessel
• fire
• a structural failure or loss of stability
• close quarters
• a person overboard
• a vessel becoming disabled and requiring assistance
• the fouling or damaging of any pipeline, submarine cable, lighthouse, lightship, beacon, buoy or marine mark.

The Marine Safety Act requires the master to provide the following details to the police present at the scene:

• the name and address of the master
• the name and address of the owner of the vessel
• the registration or survey number of the vessel.

The master must report full details at the closest police station as soon as possible in the following events:

• any property is damaged or destroyed, and the owner, the owner's representative or police are not present
• a person is injured and no police members are present.

Heightened risk refers to conditions or situations where:

• there is significant likelihood that the vessel may capsize or be swamped by waves
• the occupants of the vessel may fall overboard or be forced to enter the water
• there is a restriction on the ability to anticipate such an event, such as when a hazard cannot be seen.

During times of heightened risk, it is important that you know how to handle your vessel and protect everyone on board.

The Marine Safety Regulations 2012 (Vic) specifies the conditions that will cause a vessel to be heightened risk. Read the full list on Safe Transport Victoria.

You must not operate a recreational vessel in any way that would cause danger to the public, birds, or marine animals.

Victoria Police has the power to seize, impound or immobilise your vessel if it is being operated in a dangerous manner. In addition, Victoria Police and Maritime Safety Victoria have the power to embargo and prohibit the use and operation of a vessel.

Hoon behaviour might include:

• doing 'doughnuts' near swimmers or other water users
• speeding near swimmers or other people close to shore
• dndangering water skiers by going too close and preventing them from being able to jump the wake (allowing the rider to use the waves to jump and continue forward in the water).

Behaviour that does not meet the legal threshold of Dangerous operation and acts, is covered by other provisions in the Marine Safety Act 2010.

Will be subject to senior police review, providing a safeguard, consistent with the road hoon scheme, to prevent abuse of these serious sanctions.

Other checks and balances are also provided, including the right to apply to a Magistrates Court on the grounds of hardship.

For second and subsequent offences, Victoria Police can seek court orders for impoundment for up to three months or forfeiture.

Life jacket requirements

Adhere to life jacket laws by ensuring:

• you are wearing the correct life jacket type at all times
• your life jacket meets the required standards
• you have enough life jackets for everyone on board, and they are correctly maintained.

It is a legal requirement on all but a few recreational vessels in Victoria to carry life jackets on board.

There must be a life jacket for each person on board. They must also be the right size and type for each person. They must be stored or placed to allow quick and easy access, and be in good working condition.

Life jacket penalties

Life jacket laws are enforced by marine authorities.

If you fail to carry or wear the legally required life jackets, you can receive a fine on the spot, or through the courts.

• A court can penalise you a maximum of 20 penalties units.
• The on-the-spot fine is two penalty units.

The current value of a penalty unit can be found on the Department of Justice and Community Safety website.

Victoria Police are also authorised to impound, immobilise or seize your vessel.

Details of all offences and penalties can be found in the Marine Safety Regulations 2023.