Lifejacket Law

The rules governing the use of lifejackets on recreational vessels on all NSW navigable waters were strengthened from 1 November 2010 to prevent loss of life on our waterways. A one year educational period ensued and from 1 November 2011 compliance efforts have increased and penalties for failure to comply with the rules can be enforced. 

The legislation governing the new lifejacket wearing requirements can be found here
Marine Safety (General) Amendment (Lifejackets) Regulation 2010    

These changes follow an extensive community consultation by NSW Maritime, which can be viewed here. 

The new minimum requirements for wearing a lifejacket are as follows

Lifejackets must be worn:

By children less than 12 years of age when:

• in a vessel less than 4.8 metres in length; and
• when in an open area of a vessel less than 8 metres in length that is underway;

By all the occupants of a vessel less than 4.8m in length when the vessel is being operated in any of the following situations:

• at night
• on open (ocean) waters;
• on alpine lakes;
• when boating alone;
• as a tender more than 400 metres from shore;

At any time, and in any type or length of vessel, when the skipper judges that the situation is one of heightened risk (as defined below) and he/she directs that all occupants are to don a lifejacket;

By all persons being towed (this includes people who are waterskiing, wakeboarding or parasailing and those being towed on tubes, sea biscuits or similar towable devices);

By all occupants of a canoe or kayak on:

• enclosed waters when more than 100 metres from shore; and ocean waters;
• A person kitesurfing alone more than 400 metres from shore; and
• When in an off-the-beach sail vessel in ocean waters.

It is now also a requirement to carry lifejackets for each person on board an outrigger canoe.

A time of heightened risk is any time when there is a greater risk of either an incident occurring or if an incident was to occur, when it might be difficult to help yourself.

 
The concept of "heightened risk" is an extension of the current situation regarding crossing coastal bars (an inherently risky activity) to include:

• boating in bad weather (such as in a gale warning, storm warning, severe thunderstorm warning or other sever weather warning issued by the Bureau of Meteorology);
• when a yacht does not have safety barriers, lifelines, rails, safety harnesses or jacklines in use;
• boating by the elderly, non-swimmers and people with serious medical conditions;
• when the vessel has broken down;
• when there is a significant likelihood that the vessel may be capsized or swamped by waves or the occupants of the vessel may fall overboard or be forced to enter the water; 
• and other similar circumstances.

This makes it clear that the skipper has a high level of responsibility

All changes are also outlined in the table below.

What lifejacket am I required to wear on my recreational vessel?
Boating activity / Vessel type	Situation	Lifejacket options
Children under 12 years of age	At all  times in a vessel under 4.8 m When in an open area of a vessel 4.8m to 8m that is underway
	On enclosed waters	Type 1, 2 or 3
	On open (ocean) waters	Type 1
	On alpine waters	Type 1 or 2
On all  boats less than 4.8m (unless specified below)	All  occupants on enclosed waters when:
	Boating at night	Type 1, 2 or 3
	Boating alone	Type 1, 2 or 3
	At all  times on open waters	Type 1
	At all times if the vessel is being used more than 400m from the shore to transport persons or goods between the shore and a vessel, or between vessels.	Type 1, 2 or 3
	At all  times on alpine waters	Type 1 or 2
When wearing waders	All vessels on alpine waters	Type 1
All  towing	Anyone being towed at all times on all  waters	Type 1, 2 or 3
Canoes and kayaks	On enclosed waters more than 100m from shore	Type 1, 2 or 3
	On open waters at all  times	Type 1, 2 or 3
	On alpine waters at all  times	Type 1 or 2
Off the beach sailing vessel (e.g. catamaran & centreboard boats)	All  occupants on open and alpine waters at all  times	Type 1 or 2
Sailboarding	When more than 400m from shore:
	On enclosed waters	Type 1, 2 or 3
	On open and alpine waters	Type 1 or 2
Kiteboarding	When more than 400m from shore & kiting alone:
	On open waters	Type 1, 2 or 3
PWC (jetski)	On enclosed waters at all  times	Type 1, 2 or 3
	On open and alpine waters at all  times	Type 1 or 2
	Tow-in-surfer on open waters	Type 1, 2 or 3
Crossing coastal bars	All  vessels, everyone on board	Type 1*
Skipper’s responsibility	When the skipper considers a “heightened risk” situation exists:
	On enclosed waters	Type 1, 2 or 3
	On open and alpine waters	Type 1 or 2
* Unless specified elsewhere in this table

Lifejacket Carriage

It is a legal requirement that most recreational vessels in NSW must carry an appropriate size and type of lifejacket for each person on board. They must be stored or placed to allow quick and easy access. Lifejackets must be either visible to passengers, or their location clearly marked by an unobstructed and clearly visible sign saying LIFEJACKETS (red lettering on a white background). A number of craft are exempt from carrying lifejackets.

Note that just because a particular vessel does not have to carry lifejackets at all times, if the activity is conducted in a certain way (eg far from shore) or in certain areas (such as alpine waters) then lifejackets may be required to be worn. Refer to the above table for this information.

Open Waters
Unless there is a requirement that a lifejacket must be worn, a lifejacket Type 1 must be carried for everyone on board for all vessels except Outrigger Canoes, which are permitted to carry a lifejacket type 1, 2 or 3.

Enclosed Waters (excluding Alpine waters)
Unless there is a requirement that a lifejacket must be worn, a lifejacket Type 1, 2 or 3 must be carried.

Alpine Waters
Unless there is a requirement that a lifejacket must be worn, a lifejacket Type1 or 2 must be carried.

Lifejacket Servicing
Inflatable Lifejackets must be serviced in accordance with manufactures instructions. See Inflatable Lifejacket Servicing for more information.

Crossing Coastal Bars
Lifejackets must be worn at all times when crossing Coastal Bars. A list of coastal bars can be found here.

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