Application of Part
18B Application of Part
(1) This Part applies to all recreational vessels except the following:
a used vessel;
(b) an amphibious vessel that is also a motor vehicle that would be required to be registered under the Motor Vehicles Act 1949 if it were to be driven on a road or in a public place;
(c) a canoe, kayak or surf ski or similar vessel designed to be powered by paddle;
a pedal powered boat;
a personal watercraft that complies with subregulation (3);
a rowing shell used for racing or rowing training;
a sailboard or sail kite or other similar vessel;
a surf row boat;
a hydrofoil or hovercraft;
(j) a sailing vessel, being a vessel that has sail as the primary means of propulsion, with or without an auxiliary means of mechanical propulsion;
(k) a submersible, being a powered vessel capable of submerging or operating underwater such as a submarine;
(l) an aquatic toy, being an object designed primarily for play in or on water, for example:
(i) an object designed solely to be towed behind a recreational vessel; or
(ii) an inflatable boat to which ISO 6185 Inflatable boats, as in force on the day these Regulations commence, does not apply;
(m) an inflatable boat to which ISO 6185 Inflatable boats, as in force at the commencement, applies and which complies with subregulation (4);
(n) a vessel that is required to be surveyed under the Marine Safety National Law;
(o) a vessel used only for the purpose of racing in organised events.
(2) This Part does not apply to a vessel that, before 1 April 2013, had reached a stage of construction of having the keel laid or a stage of construction at which:
(a) the vessel was identifiable as a vessel of a particular type; and
(b) a part of the vessel had been fabricated and assembled that had a mass of at least 50 tonnes or 1% of the mass of all structural material of the proposed completed vessel, whichever is the lesser.
(3) This Part does not apply to a vessel that is a personal water craft if:
(a) the following information is written on or attached to the vessel in a clearly visible place:
(i) the total weight of persons and equipment that the vessel may carry in calm water (expressed in kilograms), as recommended by the builder of the vessel;
(ii) the maximum number of persons the vessel may carry, as recommended by the builder of the vessel; or
(b) the vessel is designed to carry not more than 2 persons (disregarding children under the age of 12 months).
(4) This Part does not apply to a vessel that is an inflatable boat mentioned in subregulation (1)(m) if the vessel:
(a) has a plate attached to it in accordance with European Directive 94/25/EC-Recreational Craft Directive (as in force at the commencement) that certifies that the vessel complies with the requirements of that Directive; or
(b) has a plate attached to it in accordance with the requirements of the US National Marine Manufacturers Association set out in the NMMA Certification Handbook (as in force at the commencement) that certifies that the vessel complies with the requirements of that Handbook.
In this regulation:
commencement means the commencement of the Marine (General) Amendment Regulations (No. 2) 2015.
used vessel means a vessel that has been used otherwise than as follows:
in the course of being built or tested;
by the builder only;
for the purpose of transporting it for the purpose of sale;
for the purpose of demonstrating it to a purchaser.
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