When the Safety Director or a police officer issues a direction prohibiting the operation of a particular vessel, who must be given a copy of the direction together with the reasons for it?
Based on: Marine Safety Regulations reg 55(2)
Victoria Marine Licence Test · Operation
Victoria Marine Licence Test Practice Questions: Safe Operation (2026)
Victoria backs its safe-operation rules with real penalties. Operating a recreational vessel at a speed or in a manner dangerous to the public carries up to 240 penalty units or 2 years imprisonment under section 87 of the Marine Safety Act 2010 (Vic), and a conviction forces the court to cancel any marine licence and disqualify the offender for at least 6 months. Below it sit the everyday rules the test drills: overloading (regulation 57), the towing observer (regulation 60), and the master's duty of care (section 31).
Practice
Free practice questions
How quickly must a copy of a direction to prohibit operation of a vessel, and the reasons for it, be provided to the owner?
Based on: Marine Safety Regulations reg 55(2)
What is the maximum penalty for being the master of a recreational vessel or recreational hire and drive vessel that is overloaded?
Based on: Marine Safety Regulations reg 57(1)
According to the overloading rule, against what figure is the number of persons on board first compared to decide whether a vessel is overloaded?
Based on: Marine Safety Regulations reg 57(2)(a)
Besides the number of persons, what other manufacturer-specified limit can make a vessel overloaded when exceeded?
Based on: Marine Safety Regulations reg 57(2)(b)
On a decked canoe or kayak fitted with individual cockpits, when is the vessel treated as overloaded?
Based on: Marine Safety Regulations reg 57(2)(r)
When counting the number of people on board to assess overloading, how are children aged less than 12 months treated?
Based on: Marine Safety Regulations reg 57(4)(a)
When counting people on board to assess overloading, how is a child aged 12 months or more but less than 12 years counted?
Based on: Marine Safety Regulations reg 57(4)(b)
Under the overloading rule, in what circumstances is a vessel not regarded as overloaded even though it carries more people than the usual limits?
Based on: Marine Safety Regulations reg 57(3)
When a vessel is engaged in towing a person on State waters, what must there be another person on board able to do?
Based on: Marine Safety Regulations reg 60
Overloading: how the count actually works
Being master of an overloaded recreational vessel or recreational hire and drive vessel costs 20 penalty units (regulation 57). A vessel is overloaded when the number of persons on board, or their total mass, exceeds the maximum the manufacturer specifies on a capacity plate or Australian Builder's Plate; where no plate figure applies, the fallback limits in Table A of Schedule 2 apply by vessel length. The counting rules are the exam trap: a child under 12 months is not counted at all, and a child aged 12 months or more but under 12 years counts as 0.5 of a person. The exception cuts the other way for cockpit craft: a decked canoe or kayak with individual cockpits is overloaded whenever the people on board outnumber the cockpits, irrespective of anyone's age. A vessel also escapes the overloading rule if the manufacturer or a competent person has certified in writing a number it may safely carry and that number is not exceeded.
Duties on board: the master, other operators and passengers
Section 31 of the Act requires the master to take reasonable care for their own safety and for the safety of anyone affected by their acts or omissions, judged against what the master knew of the circumstances; wilfully or recklessly placing another person's safety at risk carries 60 penalty units. A person operating the vessel under the master's direction owes parallel duties, including complying with the master's safety directions, with a 25 penalty unit exposure, though there is no offence if the master never warned them that non-compliance could lead to a charge (section 32). Passengers must take reasonable care for themselves and must not interfere with or misuse safety items the master provides, at up to 60 penalty units (section 33). Towing has its own rule: a master must not tow a person on any State waters unless another person on board can observe the person being towed and communicate with the master, or face 10 penalty units (regulation 60).
Dangerous operation, unsafe vessels and detention
For the section 87 offence, 'operate' means facilitating or controlling the movement or navigation of a vessel, even one at anchor, made fast to the shore or aground, though merely being in charge is not operating. Section 5 defines an unsafe vessel: one whose operation may endanger any person because of its condition or equipment, the nature or stowage of cargo, overloading, the number or qualifications of its crew, or the absence of required marine safety equipment. An owner or master who operates a vessel knowing it is unsafe faces 240 penalty units, and Safe Transport Victoria may provisionally detain a vessel that appears unsafe under section 85, commission a transport safety officer's report, and then order final detention; knowingly taking a detained vessel on a voyage costs up to 240 penalty units. On speed, section 293 makes the reading of a prescribed measuring device, tested, sealed and used in the prescribed manner, proof of a vessel's speed in the absence of evidence to the contrary.
| Offence | Maximum penalty | Provision |
|---|---|---|
| Master of an overloaded vessel | 20 penalty units | reg 57(1) |
| Towing a person without an observer on board | 10 penalty units | reg 60 |
| Master wilfully or recklessly endangering another person | 60 penalty units | Act s 31(2) |
| Dangerous operation of a recreational vessel | 240 penalty units or 2 years imprisonment | Act s 87(1) |
| Operating a vessel knowing it is unsafe | 240 penalty units | Act s 87(3) and (4) |
| Taking a detained vessel on a voyage, knowing of the detention | 240 penalty units | Act s 85(5) and (6) |
FAQ
Frequently asked questions
How are children counted towards a boat's capacity in Victoria?
Under regulation 57(4) of the Marine Safety Regulations 2023, a child under 12 months old is not counted at all, and a child aged 12 months or more but under 12 years counts as 0.5 of a person. The exception is a decked canoe, kayak or other vessel with individual cockpits: it is overloaded whenever people outnumber cockpits, regardless of age (regulation 57(2)(r)).
What is the penalty for dangerous operation of a boat in Victoria?
Up to 240 penalty units or 2 years imprisonment under section 87(1) of the Marine Safety Act 2010 (Vic) for operating a recreational vessel at a speed or in a manner dangerous to the public. On conviction the court must also cancel any marine licence the offender holds and disqualify them from obtaining one for a period the court sets, of not less than 6 months (section 87(5)).
Do I need an observer to tow a skier or tube in Victoria?
Yes. Regulation 60 of the Marine Safety Regulations 2023 prohibits being the master of a vessel towing a person on any State waters unless another person on board is in a position to observe the person being towed and to communicate with the master. The penalty for towing without that observer is 10 penalty units.
What makes a vessel an unsafe vessel in Victoria?
Section 5 of the Marine Safety Act 2010 (Vic) makes a vessel unsafe if its operation may endanger any person because of its condition or equipment, the nature or stowage of its cargo, overloading with persons or cargo, the number or qualifications of its crew, or the absence of marine safety equipment the Act or regulations require to be carried or installed.
Can Safe Transport Victoria detain my boat?
Yes. Under section 85 of the Marine Safety Act 2010 (Vic), Safe Transport Victoria may order a vessel provisionally detained if it appears to be an unsafe vessel, must serve the owner or master with notice and reasons, and must ask a transport safety officer to investigate and report. It may then order final detention, and taking a detained vessel on a voyage knowingly carries up to 240 penalty units.