Recreational boaters are at heightened risk when they are in a vessel that is underway and is:

• crossing or attempting to cross an ocean bar, or operating within a Designated Hazardous Area
  
• being operated by a person who is the only person on board the vessel (note, a sole adult boating with children less than 12 is considered boating alone)
  
• being operated during the period commencing one hour after sunset and ending one hour before sunrise
  
• disabled
  
• a yacht where no safety barriers lifelines, rails, safety harnesses or jacklines are in use
  
• being operated during a period of restricted visibility
  
• being operated in an area where a current warning of the following kind has been issued by the Bureau of Meteorology:
  
  – gale warning
  – storm force wind warning
  – hurricane force wind warning
  – severe thunderstorm warning
  – severe weather warning
  
• when there is significant likelihood that the vessel may capsize or be swamped by waves or the occupants of the vessel may fall overboard or be forced to enter the water
  
• when there is a restriction on the ability to anticipate such an event, such as when a hazard cannot be seen
  
• up to and including 4.8 metres, and are in an open area of the vessel.

Heightened risk is not limited to when the vessel is underway. When launching and retrieving, vessels are often in restricted areas and the risk of being nudged by another vessel or bumping into a jetty or other object is high.

What does underway mean?

Underway means not at anchor, not made fast to the shore, or aground. If you are drifting you are underway. Vessels travelling at any speed are at risk of being involved in an incident resulting in the occupants unexpectedly entering the water.

While launching or retrieving, a vessel being driven off or onto a trailer is considered to be underway if it is on water.

When are you considered the only person on the vessel?

You are considered to be the only person on the vessel when you are boating with a child or someone of limited strength or mental capacity.

If there is another person on board with you, they must be capable of:

• manoeuvring the vessel around to get you if you are in the water
  
• pulling you back on board if you fall out of the vessel and cannot help yourself
  
• returning the boat to the jetty or beach if you are incapacitated
  
• calling for help when necessary.

What is meant by an open area of a recreational vessel (excluding kayaks and canoes)?

• All deck areas including coach roofs, superstructures, open fly bridges, trampolines and nets, but excluding areas within a rigid deckhouse, a rigid cabin, a rigid half-cabin or a securely enclosed under-deck space.
  
• For vessels without a deck, the whole vessel, excluding areas within a rigid cabin, rigid half cabin or a securely enclosed space.

Reducing risk

During times of heightened risk, it is critical that you know how to handle your vessel and know what safety equipment you need, particularly what lifejacket you need to wear. Use the lifejacket selector at wearalifejacket.vic.gov.au

It is extremely difficult (and in some circumstances impossible) to put a life jacket on if you are in the water. Avoid this situation by wearing your life jacket at all times and requiring the occupants of your vessel to do so.