Penalties for boating offences on NSW waterways
These are the penalties that apply to the most common offences related to boating in NSW.
On this page
Penalty notices
If an offence such as speeding is committed, authorised officers (Transport for NSW or NSW Police) may issue a penalty notice, which you must pay within a given period.
Impounding
If a person operates a vessel in a manner which menaces another person, or is used in a reckless or dangerous manner they may also be considered to be using it to behave in serious anti-social activity. A vessel used in an anti-social manner may be seized and impounded for a period of three months. The owner may have to pay costs associated with seizing and storing the vessel before it can be returned.
The vessel may be impounded regardless of who was operating the vessel at the time. It is the onus of the vessel owner to ensure that their vessel is being operated correctly, even when they are not using it.
Forfeiture
If a vessel is used in an identified anti-social manner for a second or subsequent time within a 5-year period, the vessel may be forfeited. The vessel can be seized and forfeited on the second anti-social offence even if the two offences were committed by different operators and neither one was the owner.
Penalties
The tables below show examples of the most common offences. They are not exhaustive and therefore do not cover each and every possible offence. These penalties are the on-the-spot penalties, and can be considerably higher if dealt with by a court.
- Speeding and other regulatory offences
- Vessel handling and management
- Licences
- Obligations to authority (Transport for NSW officer or NSW Police)
- Towing offences
- Safety equipment
- Other common offences
Speeding and other regulatory offences
| Offence | Penalty notice amount |
|---|---|
| Disobeying speed sign by <10 knots (vessel) | $100 |
| Disobeying speed sign by <10 knots (PWC) | $250 |
| Disobeying speed sign by >10 knots (vessel) | $250 |
| Disobeying speed sign by >10 knots (PWC) | $500 |
| Disobeying ‘no wash’ sign | $500 |
| Disobeying other Transport signs | $250 |
| Breaching part B or C of the collision regulations (eg. failure to keep proper lookout, maintain safe speed or display navigation lights) | $250 |
Vessel handling and management
| Offence | Penalty notice amount |
|---|---|
| Operating a vessel negligently or recklessly | $500 (recreational) $1500 (commercial vessel) |
| Operating a vessel recklessly or in a speed or manner that is dangerous | Court attendance notice only |
| Operating a vessel in a manner that menaces another person | Court attendance notice only |
| Interference with or obstruction of a navigation aid | $500 |
| Letting off flares when not in distress | $500 |
| Bow riding | $250 |
| Causing excessive wash (other than in no wash zone) | $250 |
| Breaching ‘distance off’ provisions (vessel) – including towing | $100 |
| Breaching ‘distance off’ provisions (PWC) – including towing | $250 |
| Overloading a vessel (weight) | $500 |
| Overloading a vessel (number of persons) | $500 |
| Driving PWC irregularly (in restriction zone or within 200m of dwelling) | $250 |
| Obstructing a channel or fairway | $250 |
Licences
| Offence | Penalty notice amount |
|---|---|
| Breaching a condition of licence | $100 |
| Operate an unregistered vessel | $500 |
| Driving a vessel (not PWC)>10 knots unlicensed | $250 |
| Driving a PWC unlicensed (1st offence) | $500 + disqualification of any boat licence |
| Drive a PWC unlicensed (2nd or subsequent offence) | $750 + disqualification of any boat licence |
| Driving while disqualified | Court attendance notice only |
| Failure to notify Transport for NSW of vessel/PWC transfer | $100 |
| Not displaying proper registration number | $100 |
Obligations to authority (Transport for NSW officer, Harbour master (or delegate) or NSW Police)
| Offence | Penalty notice amount |
|---|---|
| Failure to produce licence on demand | $500 |
| Refusal to allow officer to stop or board vessel when directed | $500 |
| Failure to stop vessel when patrol vessel lights activated | $500 |
| Refusal to identify self | $500 |
| Failure to report accident to Maritime | $500 |
| Not complying with safety direction | $500 |
Towing offences
| Offence | Penalty notice amount |
|---|---|
| Towing a person at night | $250 |
| Towing a person without proper observer (vessel) | $250 |
| Towing more than three people at a time | $250 |
| Towing a person without a proper observer (PWC) | $500 |
Safety equipment
| Offence | Penalty notice amount |
|---|---|
| Failure to carry one item of essential safety equipment (other than a lifejacket) | $100 |
| Failure to carry a lifejacket or more than one item of essential safety equipment | $250 |
| One item of safety equipment expired or in poor condition (other than a lifejacket) | $100 |
| More than one item of safety equipment or a lifejacket expired or in poor condition | $250 |
| Not wearing a lifejacket when crossing bar (or master to ensure) | $250 |
| Not wearing a lifejacket on PWC | $250 |
| Not wearing a lifejacket in other required circumstances of heightened risk (eg night, open or alpine waters, children, boating alone) | $250 |
Other common offences
| Offence | Penalty notice amount |
|---|---|
| Polluting waters | $7500 (individual) $15000 (company) |
| Depositing litter | $200 (individual) $500 (corporation) |
| Offensive noise (improper use of siren/bell/whistle) | $300 |
| Offensive noise (sound system on vessel) | $300 |
| Offensive noise (engine noise) | $300 |
| Breach of mooring licence condition (eg not servicing apparatus) | $500 + possible cancellation of licence |