- No dedicated licensing regime for pleasure watercraft
- Regulatory responsibilities remain divided
- Merchant Shipping Secretariat registration currently voluntary
- SLTDA requires tourism operators to be licensed
- Safety rules require supervision of tourists
Several recent accidents involving jet skis and pleasure watercraft have raised concerns over who is responsible for regulating their operation and assuring the safety of those who use them.
The usage of jet skis and other pleasure watercraft for tourism and recreation in Sri Lanka has increased significantly over the years.
While the Sri Lanka Tourism Development Authority (SLTDA) requires tourism service providers to get licensed and meet safety standards, maritime authorities currently do not have a specific licensing framework for jet ski operators.
However, questions remain over how tourists are permitted to use jet skis, and especially regarding whether inexperienced visitors can operate the watercraft independently. The jet ski, also known as a personal watercraft, comes in different sizes and power ranges, with some models capable of carrying up to three people and engines ranging from 60 horsepower to more than 300 horsepower.
Current regulatory gap
Deputy Minister of Ports and Civil Aviation Janitha Ruwan Kodithuwakku said that Sri Lanka had no licensing framework specifically governing jet skis and other pleasure watercraft at present, despite the fact that such vessels were used for recreation and tourism.
Speaking to The Sunday Morning, the Deputy Minister said that such watercraft generally fell under the purview of the Merchant Shipping Secretariat, headed by the Director General of Merchant Shipping. However, he pointed out that the current regulatory framework did not specifically address jet skis.
“Typically, this would fall under the purview of the Merchant Shipping Secretariat. But we do not have a regulatory framework for vessels like jet skis. We have regulations for passenger transportation vessels,” Kodithuwakku said.
He added that licences were not currently issued for jet skis. “At present, we don’t issue licences for jet skis. We hope to regulate them in the future, but this must be done in a way that does not create public resistance,” Kodithuwakku said.
The Deputy Minister’s comments come amid concerns over the regulation of jet skis and other pleasure watercraft being rented to tourists and other users.
He further distinguished this from the licensing requirements imposed by the SLTDA on businesses providing services to tourists.
“That is a tourist licence. You need a Tourist Board licence to handle a tourist. From our side, we do not issue licences for jet skis,” Kodithuwakku said.
Licensing and safety requirements
The SLTDA has emphasised that organisations and individuals providing jet ski and other water-based recreational services to tourists are required to obtain the relevant registration/licence and comply with prescribed safety, quality, and documentation requirements.
An SLTDA source, who wished to remain anonymous, told The Sunday Morning that the authority had published guidelines covering 13 water-based adventure tourism activities, including jet skiing, leisure boats, and small-vessel operations. The guidelines establish the applicable standards, regulatory requirements, and procedures that service providers are expected to follow.
“Under the requirements of the relevant legislation, where an organisation or individual provides a tourism-related service to a tourist, whether domestic or foreign, the service provider is required to obtain the relevant registration or licence,” the source said.
The relevant guidelines, application forms, documentation requirements, registration procedures, and applicable fee structures are available through the authority’s official website, enabling both existing operators and prospective service providers to obtain the necessary information and commence the registration process.
In addition to SLTDA registration, operators of water-based activities are required to obtain the necessary approvals from the Merchant Shipping Secretariat and comply with the requirements of other relevant Government institutions and local authorities applicable to the location and nature of the activity.
The SLTDA source explained that applications relating to water-based adventure tourism activities were subject to a specialised technical review and inspection process. Depending on the nature of the activity, inspections and assessments may involve officials from the Merchant Shipping Secretariat, Sri Lanka Coast Guard, Sri Lanka Navy, relevant Government agencies, and industry experts.
“For water-based activities, we have a specialised inspection mechanism involving the relevant Government agencies and industry professionals. A team with expertise appropriate to the particular activity assesses the operation and provides its recommendation before the registration process is completed,” the source said.
SLTDA enforcement
The SLTDA source further stressed that providing tourism services without the required registration or licence was not permitted under the applicable regulatory framework.
“Where a person or organisation provides a tourism service without the required licence or registration, such operation is considered unauthorised. In such cases, necessary regulatory actions will be taken in accordance with the applicable laws and regulations,” the source said.
According to the SLTDA, incidents involving registered tourism service providers are subject to investigation and appropriate regulatory action may be taken depending on the findings. Such action may include suspension or cancellation of the relevant registration or licence where serious breaches of safety or regulatory requirements are established.
At present, the authority has further strengthened its enforcement mechanism, with enforcement-related activities being carried out through the Legal Division with the support of the Tourist Police and other relevant authorities.
Addressing concerns regarding whether tourists may independently rent and operate jet skis, the SLTDA source said that the applicable safety requirements did not permit tourists to operate such equipment without appropriate supervision and assistance from an authorised operator.
“This requirement is primarily intended to protect the safety of tourists. Visitors may not necessarily have the knowledge or experience required to safely operate a jet ski. As with all adventure tourism activities, water-based activities carry inherent risks, and appropriate supervision and safety measures are therefore essential,” the source said.
According to the source, the safety requirements apply equally to both domestic and international tourists. The regulatory focus is on ensuring that every person receiving a tourism service is provided with an appropriate level of safety, supervision, and protection, irrespective of nationality.
The SLTDA website provides access to guidelines and registration information covering a broad range of adventure tourism activities, including air-based, land-based, and water-based activities.
The authority encourages existing operators and those intending to enter the adventure tourism sector to familiarise themselves with the relevant guidelines and obtain the necessary approvals before commencing operations. This is intended not only to ensure regulatory compliance but also to strengthen safety standards, protect tourists, and support the sustainable development of Sri Lanka’s adventure tourism sector.
Merchant Shipping Secretariat stance
Nevertheless, the Merchant Shipping Secretariat appears to hold a different position when it comes to the jet ski itself.
According to Merchant Shipping Secretariat Director – Engineering P.V.T.P. Chandana, jet ski owners in Sri Lanka currently register their vessels with the secretariat only on a voluntary basis.
Chandana told The Sunday Morning that the secretariat did not have a specific regulatory framework governing jet skis and other similar pleasure watercraft at present.
“Regarding licensing, owners only really come to us for a voluntary licence. When it comes to regulation, the owners of such craft need to register with the SLTDA,” Chandana said.
He added that jet ski owners may voluntarily approach the Merchant Shipping Secretariat for registration, although this was not currently a mandatory requirement.
According to Chandana, the secretariat’s role is somewhat similar to that of the Department of Motor Traffic (DMT) in terms of vehicle registration, and its engagement with jet skis is limited to providing a separate survey certificate when an owner voluntarily seeks one. “That is the extent of our involvement,” he said.
Chandana stated that the secretariat did not have comprehensive records of the number of jet skis for which certificates had been issued. “Currently, we do not even have a complete record of how many jet skis we have issued certificates for. There may be just one, brought in through an agent who imports jet skis. Even that jet ski is not registered with us,” he said.
Asked whether there was any involvement of the Merchant Shipping Secretariat in regulating jet skis beyond the voluntary registration process, Chandana reiterated that jet skis were a tourism-related activity and handled by the relevant tourism authority.
Guidelines and safety requirements
Despite the absence of a specific jet ski licensing framework under the Merchant Shipping Secretariat, Sri Lanka does have detailed safety requirements set out by the SLTDA for jet ski operations under its Water-Based Adventure Tourism Activities framework.
The SLTDA’s guidelines for jet skiing, issued under this framework, set out requirements covering operations, equipment, safety, emergency procedures, and the qualifications of personnel involved in the activity.
According to the guidelines, a detailed weather check must be conducted and displayed before any activity begins, and each activity must begin with a safety briefing that covers the equipment being used, safety instructions, operational boundaries, rescue and emergency procedures, and current weather conditions.
Before taking part, participants must sign a liability waiver, which explicitly states the dangers involved. The guidelines also state that participants with medical conditions that make them ineligible for the activity should be warned of the dangers and not permitted to participate.
It further sets an age requirement for paddle sports, stating that the minimum age for most paddle sports is eight years of age, while this should be increased to 12 depending on the ocean and wild water conditions, as well as the type of boat. In this event, the parent or guardian must sign a liability waiver form, clearly highlighting the risk involved prior to the commencement of the activity.
Equipment, maintenance and operational safety
The guidelines also require operators to have daily pre-operations and post-operations checklists signed by both the operator and the supervisor. The hull, jet pump, and steering nozzle must be examined and maintained on a daily basis, while the engine, ski hull, deck, and trailer require annual maintenance.
Before riding a jet ski, participants must sign an indemnity form and a registration form that includes personal information such as their address, phone number, and a contact person who will be alerted in the event of an accident.
The mandatory equipment listed in the guidelines includes a jet ski with a proper kill switch, appropriate life jackets with adequate buoyancy and properly functioning straps and buckles, and appropriate floating soft-foam helmets.
Operators must also adhere to fundamental navigation guidelines and keep track of weather reports and tide charts. The emergency equipment listed in the guidelines comprises flares, a marine VHF radio or cell phone, and an anchor.
All instructors are required to have in-depth knowledge of the Risk Assessment and Normal Operation Procedure, as well as an Emergency Action Plan to brief participants accordingly.
Furthermore, a clear map of the operating area must be displayed at the water sports centre. The map should show underwater dangers such as rocks, pylons, sand banks, and reefs, as well as the designated area where jet skis can operate. It should also specify places designated for activities such as swimming and snorkelling, as well as spots for amphibious aircraft.
Dangerous sports areas are to be marked using red buoys and appropriate signs. Before a jet ski is hired out, the participant must also be instructed on route rules, including overtaking and crossing procedures.
Instructors must hold a valid aquatic safety qualification for emergencies and rescues, while instructors, guides, and activity participants must be well versed in emergency action plans, standard operating procedures, and risk assessments.
Trainings, qualifications and medical safety
The guidelines further state that personnel responsible for conducting jet ski lessons should be certified jet ski operators with water-awareness skills. They should also have skills in conducting lessons, rescue and lifesaving techniques, powerboat handling, and first aid/Cardiopulmonary Resuscitation (CPR).
Before a jet ski is hired out, users should receive a detailed briefing on the operating area and be instructed on starting and stopping procedures, safe distances for slowing down, use of the kill switch, and emergency stopping procedures. Operators must also ensure that users are wearing suitable life jackets and jet ski helmets with properly secured straps and buckles.
The guidelines set out minimum qualifications for jet ski instructors. These include a qualification from a recognised national or international jet skiing body, together with certification from the operator confirming at least three years’ experience assisting in the activity and the ability to independently teach, assist, lead trips, and conduct rescue operations.
Instructors are also required to maintain an authenticated logbook or electronic record of jet skiing lessons and hold valid certificates in first aid/CPR, powerboat operation, and open-water lifeguarding from recognised providers.
The guidelines also address participants’ medical fitness. Instructors must ensure that participants can swim comfortably in open water and are medically fit to take part. A signed declaration is required where there are concerns about previous injuries or medical conditions.
The guidelines state that people with conditions including heart problems, epilepsy, spinal issues, recent surgery, or other medical concerns should not participate in jet skiing, while expectant mothers are advised to avoid the activity.
The 1999 gazette
According to the Gazette Extraordinary No.1096/6, issued in September 1999 under the Tourist Development Act No.14 of 1968, minimum requirements have been prescribed for the registration of tourist water sports establishments.
The gazette states that establishments providing water sports facilities must be registered as a proprietorship, partnership, or company with the relevant authorities, while establishments conducting multiple activities must have an acceptable base of operation. It also requires all equipment provided for water sports to be maintained in good condition.
According to the document, a list of equipment available for hire to tourists, together with the applicable rental rates, must be prominently displayed. All equipment must be checked for safety before being hired, while tourists must be informed of the precautions necessary for their safety. Those precautions must also be prominently displayed at the operating base or provided to users in written form.
The gazette further requires operators to maintain records containing details such as the name of the tourist, equipment hired, duration of use, and the name of the guide. Water sports establishments must also maintain well-equipped first aid kits at their base of operations and on boats where applicable.
The document states that insurance coverage should be obtained for public liability, along with the requirement of all persons handling equipment, boats, and other craft to be competent, adding that necessary clearances from relevant Government, State, and local authorities must be obtained before operating a tourist water sports establishment.