Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table D in Schedule 4 must wear a compulsory lifejacket if—
(a) the vessel is on coastal waters and underway; and
(b) one or more of the specified circumstances apply.
Penalty: 20 penalty units.
(2) A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table E in Schedule 4 must wear a compulsory lifejacket if—
(a) the vessel is on enclosed waters and underway; and
(b) one or more of the specified circumstances apply.
Penalty: 20 penalty units.
(3) A person who is on an open area of a recreational vessel or a hire and drive vessel of a type listed in Column 2 of Table F in Schedule 4 must wear a compulsory lifejacket if—
(a) the vessel is on inland waters and underway; and
(b) one or more of the specified circumstances apply.
Penalty: 20 penalty units.
(4) For the purposes of subregulations (1), (2) and (3), the specified circumstances are the following—
(a) the vessel is crossing or attempting to cross an ocean bar;
(b) the vessel is operating within a designated hazardous area;
(c) the vessel is being operated by a person who is the only person on board the vessel;
(d) the only persons on board the vessel, other than the person operating the vessel, are aged less than 12 years old;
(e) the vessel is being operated during the period commencing one hour after sunset and ending one hour before sunrise;
(f) the vessel is not capable of making way through water;
(g) the vessel is a yacht and no safety barriers, lifelines, rails, safety harnesses or jacklines are in use;
(h) the vessel is being operated during a period of restricted visibility;
(i) the vessel is operating in an area for which any of the following kinds of warning issued by the Bureau of Meteorology are current—
(i) a gale warning;
(ii) a storm force wind warning;
(iii) a hurricane force wind warning;
(iv) a severe thunderstorm warning;
(v) a severe weather warning.
(5) Subregulations (1), (2) and (3) do not apply to a person who is wearing, or in the process of donning or removing, diving equipment on board a recreational vessel or a hire and drive vessel.
(6) A person who is wearing a compulsory lifejacket as required by subregulation (1), (2) or (3) must wear it in accordance with the manufacturer's instructions.
Penalty: 20 penalty units.